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Good Presentation On Statutes - SAS India - Guardians of Animal Rights - Nitesh Khare 28 Dec 2023
Good Presentation On Statutes - SAS India - Guardians of Animal Rights - Nitesh Khare 28 Dec 2023
Good Presentation On Statutes - SAS India - Guardians of Animal Rights - Nitesh Khare 28 Dec 2023
animal safety
Guardians of Animal Rights:
Navigating India's Animal Laws
NEED CHALLENGES
Having a comprehensive understanding of
Individuals or organizations with limited knowledge in Animal
animal laws in India is critical for several Welfare Litigation often encounter challenges in achieving their
reasons. Firstly, these laws serve as a desired outcomes. Given the varying perspectives of the public
protective measure for the welfare and concerning animal welfare, debates and controversies often
security of animals, with whom we share this arise regarding what constitutes animal cruelty or neglect and
planet. They also reflect our society's moral the appropriate level of legal protection for animals.
and ethical commitment to treating animals
with compassion and respect.
Secondly, familiarity with animal laws
SOLUTIONS
empowers individuals and organizations to
Litigation regarding animal welfare is imperative for promoting
effectively advocate for animal rights. It
Key metrics the welfare and rights of animals. It serves as an integral
enables them to hold accountable those who component in creating awareness, ensuring that offenders are
may Some readers
engage might
in cruelty orprefer
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animals details
and like
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legal landscape responsibly, avoiding
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BENEFITS
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In today's world, where the well-being of
Attending case in a Legal Framework
Scheduled hours Activists who possess a comprehensive understanding
animals is increasingly linked to environmental
conservation and human health, being
1 of animal-related laws are better equipped to
comprehend the intricacies of each case, particularly
knowledgeable about animal laws in India is
in terms of the legal implications of various actions.
not just a moral imperative but also a crucial
aspect of responsible citizenship. It paves the Better Understanding with Law Enforcement
way for a harmonious coexistence between Agencies
humans and animals while contributing to the 2 By following this approach, you can interact with the
overall betterment of society and the police and other law enforcement entities more
environment. efficiently.
Public Dealing
FEEDER
HARASSMENT
Feeder’s Rights &
Responsibilities
RIGHTS RESPONSIBILTY
It's imperative to note that To ensure the safety of children
neither any Resident and other individuals, it is
Welfare Association nor any essential to provide food in
individual holds the designated feeding areas that
authority to prohibit people are located in less frequently
from feeding stray animals visited zones. Additionally, it is
in their vicinity. As per imperative that feeders
WHAT TO DO? Article 51(A)G of The Indian
Constitution, it is a
meticulously clean the feeding
area after use to maintain
constitutional right to feed hygiene within the premises.
Speak to Society animals. It's the
responsibility of the society
It's highly recommended to document your to demarcate a dedicated
concerns in written communication with the feeding zone for this
society management. This enables a clear and
purpose.
concise discussion of the issues you are facing.
Write a complaint
Should management fail to address your LAWS
concerns, consider filing an official written
complaint with the local police department and As per the Constitution of India, Article 21 of Chapter 3 guarantees
the Deputy Registrar of Housing Societies in your individuals the right to life and the freedom to act within the
area. boundaries of the law. Therefore, hindering someone from
exercising their right to feed community dogs is illegal.
Seek help from SAS India In addition, interference or harassment of individuals who choose
to look after and feed community dogs or cats. Also, according to
We encourage you to file an online complaint on IPC 503, may be considered a severe criminal offense of criminal
our portal, www.sasindia.org, to seek assistance
intimidation.
from experienced professionals in the field of
Animal Welfare Litigation.
Bombay High Court in the Writ Petition No. 9513 of 2021 with Interim
Application No. 7763 of 20023, relies on ABC Rules 2023 to affirm housing
society’s obligation to designate feeding areas in consultation with
feeders and much more. ABC Rules 2023 upheld and commended by the
Bombay High Court paving way for its speedy implementation.
PET PARENT
NEGLIGENCE
Canine Rights & Pet
owner responsibilities
RIGHTS RESPONSIBILTY
It's imperative to treat pets with Pet owners must ensure that
the utmost love, care, and their animals receive adequate
respect within a household. food, water, and exercise. It's
Pets cannot be confined to essential that pets are not
leashes or cages for extended leashed or caged for extended
periods of time, nor can they be periods of time. Before adopting
subjected to any form of a pet, individuals or families
maltreatment by their owners. should have a clear
WHAT TO DO? As members of the family, pets understanding of the
deserve to receive the same responsibilities involved.
consideration and kindness as
Speak to Pet Parent any other family member.
It would be recommended to contact the pet
owner and apprise them of the regulations
related to pet ownership in India. Additionally, it
would be wise to inquire if they are facing any
difficulties in caring for the pet and consider
requesting custody if necessary.
Write a complaint
LAWS
In the event that a pet owner refuses to make The neglect of pets is governed by the "Pet Dog Breeding
appropriate changes for the welfare of their
and Marketing Rules, 2017" of the Animal Welfare Board
animal, it may be necessary to draft a formal
application and submit a complaint to the local of India. Additionally, Section 11(1)(a), (e), (f), (g), and
police station. (h) under the Prevention of Cruelty to Animals Act of
Seek help from SAS India 1960 outlines relevant laws.
We encourage you to file an online complaint on
our portal, www.sasindia.org, to seek assistance
from experienced professionals in the field of
Animal Welfare Litigation.
HITTING &
KILLING
Laws & Public
Responsibilities
RIGHTS RESPONSIBILTY
Street animals, such as Public responsibility towards
stray dogs, cats, and other street animals is not only an
urban wildlife, possess ethical obligation but also
inherent rights that are contributes to creating more
critical to their welfare and compassionate and humane
humane treatment. These communities. By working
fundamental rights together, individuals and
comprise the following: communities can improve the
WHAT TO DO? quality of life for street animals
Protection from cruelty, and promote coexistence
Access to food and water, between humans and animals
Capturing Evidences Shelter and safe spaces,
It is recommended to document instances of
Freedom from harmful
cruelty by capturing photographic and video practices,
evidence. This will enable law enforcement Recognition of their inherent
agencies to assess the severity of the situation value.
and identify the alleged perpetrator(s), which is
crucial for filing an FIR.
File an FIR
To initiate further legal action, it is advisable to
file an FIR at the local police station by submitting
an application that outlines the relevant laws LAWS
and includes any supporting evidence gathered.
Under the Prevention of Cruelty to Animals Act 1960, 11 (1) (a), (l),
Seek help from SAS India one can initiate an F.I.R. for any act of violence against animals,
We encourage you to file an online complaint on including killing or hitting. Other pertinent sections of the Indian
our portal, www.sasindia.org, to seek assistance Penal Code (1860) include 34, 428, and 429, as well as Section 119
from experienced professionals in the field of of the Bombay Police Act (1951). Moreover, in cases of hit and run,
Animal Welfare Litigation. the Motor Vehicle Act, Section 177 and 184, apply.
ILLEGAL
BREEDING &
SALES
Fair practice &
Responsibility
"Cracking Down on Illegal Breeding and Sales: Protecting Pets and Communities"
JUDGEMENTS - IILEGAL BREEDING & SALES
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR, In Civil Writs
No. 14085/2017 held that by challenging to the definition of “breeder”
given under Rule 2(1)(c) of the Rules of 2017 is for no reason if petitioner-
club claims them to be not covered by it, being traders only. The
petitioner-club is, in fact, involved in breeding of dogs, that too, by
involving cruelty. The breeding is permitted with definite interval and
method is provided under the Rules of 2017. This is to prevent cruelty on
dogs and is not suitable for the (4 of 11) petitioner-club. They want
maximum breeding from the dogs so as to sale it and to earn profit. It
may be at the cost of cruelty. If they are simply arranging “Dog Show”,
then there was no reason to question Clauses 5 and 6 of the Second
Schedule of the Rules of 2017. It is pertaining to breeding of dogs.
www.sasindia.org
PET PARENT
HARASSMENT
RIGHTS RESPONSIBILTY
Pet owners and their It's crucial to recognize that not
companions have the right all individuals may feel at ease
to reside in a housing around animals. For this
society and enjoy reason, it's advisable to keep
communal amenities, such our pets leashed when we're
as elevators and parks. No out for a walk. This measure
Resident Welfare ensures the safety of those in
WHAT TO DO? Association (RWA) may
impede their ability to move
the vicinity, particularly
children and elderly
freely or deny them the right individuals. Furthermore,
Speak to Society to occupy premises. maintaining proper hygiene in
common areas is vital.
It's highly recommended to document your Cleaning up after our pets by
concerns in written communication with the disposing of their waste
society management. This enables a clear and
appropriately is a responsible
concise discussion of the issues you are facing.
practice.
Write a complaint
Should management fail to address your
concerns, consider filing an official written
complaint with the local police department and
the Deputy Registrar of Housing Societies in your
area.
LAWS
This advisory is being released in compliance with 'Section 9(k) of
Seek help from SAS India the Prevention of Cruelty to Animals Act, 1960.' It is deemed
We encourage you to file an online complaint on
unlawful for housing societies to pass any by-laws that restrict
our portal, www.sasindia.org, to seek assistance pets from being allowed within their premises, even if it's a
from experienced professionals in the field of majority decision by the society's residents.
Animal Welfare Litigation. Additionally, 'Section 11(3) of The PCA Act, 1960,' states that not
permitting pets in an apartment housing society is considered a
breach of the Constitution of India.
The Hon’ble High Court of Delhi in Dr. Maya D. Chablani vs. Radha Mittal
and Ors.I.A. No. 4164/2021has addressed the issue regarding the feeding
of community animals and ban on usage of lifts by pet dogs along with
pet owner and held that “even animals have a right to live with respect
and dignity”. The court further declared that “It shall be the duty and
responsibility of the RWA or Municipal Corporation and all Government
authorities including enforcement authorities like Police to provide all
assistance and ensure that no hindrance is caused to the caregivers or
feeders of community animals.” It is pertinent to note that the said
judgement has been recently affirmed and upheld by the Supreme
Court vide its order dated 19 May 2022.
www.sasindia.org
RELOCATION OF
COMMUNITY
ANIMALS
Laws & Regulations
RIGHTS RESPONSIBILTY
It's imperative to recognize It is the responsibility of those
that community animals who feed community animals
possess the fundamental to ensure they are
right to inhabit the areas appropriately vaccinated and
where they were born and sterilized. Additionally, it is
raised. As such, no incumbent upon the Resident
individual, organization, or Welfare Association (RWA) to
government agency, designate specific feeding
Search in Neighborhood
including the municipal areas within the premises.
It's highly recommended to document your corporation, has the
concerns in written communication with the authority to relocate them.
society management. This enables a clear and
concise discussion of the issues you are facing.
Counselling
01 It would be advisable to initiate a counseling session
with the society management and residents to educate
them on the laws and guidelines implemented by the
Government of India that safeguard the rights of pet
owners, feeders, and animal caregivers.
Communicate
02 To assert your rights and raise your concerns, we
suggest you compose an email to the relevant society
management. It's essential to attach any relevant
conversations, videos, or photographs that support your
claim of being harassed.
Case Filing
05 If the issue remains unresolved, consider filing a police
complaint. In case the authorities refuse to file a
complaint, you may opt to file a private complaint in the
district court under CRPC 156/3.
Dealing with Pet Parent Negligence
Harassment to Pets
Gather Evidence
01 It is highly recommended to document instances of
animal abuse, such as capturing videos, photos, or
recording confrontations when a pet is being mistreated.
Cases of pets being beaten, caged, leashed for
prolonged periods, or deprived of sufficient food and
water must be adequately documented before
proceeding with further action.
Counselling
02 We suggest speaking with the pet owner and educating
them about their inappropriate behavior towards the pet
animal. It may be helpful to explain the rights of pets
under the Prevention of Cruelty to Animals Act, 1960
Section 11.
Informing Management
03 In the event that counseling the pet owner does not yield
any progress, it may be necessary to compose a letter or
email to the society/housing management committee,
requesting that they issue a warning letter to the
individual responsible for mistreating the pet animal.
Filing FIR/NC
04
In the event that the pet owner does not comply with the
warning letter issued by the society or housing
management, and fails to take necessary measures to
ensure the welfare of their pet, we may initiate legal
action and file a police complaint under the Prevention
of Cruelty to Animals Act of 1960, specifically under
Section 11.
Custody of Animal
05 Under Section 34 of the Prevention of Cruelty to Animals
Act of 1960, it is permissible to confiscate the pet animal
in question. Additionally, an order from a First Class
Judicial Magistrate can authorize the pet's adoption.
Dealing with Killing or Maiming
Street Animals or Pets
Gather Evidence
01 It is imperative to document any incidents of animal
abuse and the extent of mistreatment. It's also advisable
to locate the nearest CCTV placements that could aid
law enforcement in investigations.
02
In the event of discovering a deceased animal, please
call the police immediately by dialing 100 or 112. The
police will undertake the necessary procedures,
including conducting a Panchnama of the body and the
location of the incident. Kindly assist the police by
transporting the body to the nearest government
veterinary hospital.
Filing FIR
Upon review of the interim postmortem report, the
04
certificate provided by the Chief Veterinary Officer
(CVO), as well as available evidence and witness
statements, it's recommended that you file an FIR under
relevant sections, such as sections 428, 429, and 506 of
the Indian Penal Code, and Section 11 of the Prevention of
Cruelty to Animals Act of 1960. The sections can be
further combined with different IPCs depending on the
specific nature of the incident. For instance, Motor
Vehicle Act sections could be incorporated in the event
of a hit and run.
Reason of Relocation
01 It is recommended to verify the reason for the pickup of
dog(s) - whether it's for sterilization, vaccination,
medical treatment, or due to aggressive behavior.
Identification of Vehicle
It's always recommended to document the vehicle's
Contact Authorities
03 Upon ascertaining the pick-up van responsible for dog
relocation, kindly contact the municipal corporation if it's
a government vehicle, or the police station if it's a private
vehicle.
Punishment
05 According to the Animal Birth Control guidelines, if an
NGO is contracted by the Municipal Corporation, you
may request that the Corporation to impose a fine on
the organization or terminate their contract agreement.
Alternatively, if it's a private organization or individual,
you can file a case with the police for an unlawful act.
Dealing with Illegal Breeding
Breeding and sales without a valid license
Identify
01 Please locate and identify any breeding centers, pet
shops, or backyard breeding centers in your area that
are engaging in unethical breeding practices for dogs
and cats, and subsequently selling them.
Verify
03
Upon receiving the document set, ensure that the
documents' authenticity and validity are verified through
the District SPCA and the State Animal Welfare Board.
These organizations are the authorized entities
responsible for issuing breeding licenses.
File a Complaint
04 In the event that the documents are deemed invalid or
the breeders fail to provide any documentation, it would
be prudent to file a complaint with the District SPCA and
State Animal Welfare Board. Please ensure that the
complaint is supported by valid evidence.
Seek Assistance
05 If district SPCA or State Animal Welfare Board does not
provide aid, it's advisable to contact an Animal Welfare
Litigation organization for legal assistance.
NAVIGATING POLICE
INVOLVEMENT IN CASES OF
ANIMAL CRUELTY
Be Truthful
03 Always tell the truth when discussing the incident with the police
officer. Misrepresenting facts can lead to legal consequences
and undermine your credibility.
Maintain Patience
04 Understand that the police officer may have other duties and
responsibilities, and the process may take some time. Maintain
patience and avoid becoming agitated.
01
government agency or possess an authoritative position to file a police complaint. Filing
a police complaint, also known as a First Information Report (FIR), is a fundamental right
that anyone who is a victim, eyewitness, or has relevant information about a crime or
incident that requires police intervention can utilize.
Anyone Can File a Police Complaint, No
Organizational Status Required
02
To lodge an FIR, please visit the nearest police station where
Busting the Myth
03
Filing an FIR is a fundamental right that all citizens possess.
One does not require any special authority, legal status, or
membership in an organization to file one.
04
Upon registering the FIR, kindly request a copy of it as it is critical for your
records and any future legal proceedings. Additionally, the law provides
specific safeguards for informants and witnesses, ensuring their safety and
cooperation during legal proceedings.
ENCOURAGE AND ADVOCATE FOR THEM!
Advocating for voiceless animals against animal cruelty is important for
several reasons, rooted in ethical, environmental, and societal concerns.
Here are some key reasons to support this cause:
Sentience
Animals, are sentient beings capable of experiencing pain, pleasure, and a range of
emotions. Advocacy aims to protect their basic rights and prevent unnecessary
suffering.
Resource Consumption
Industrial animal agriculture contributes significantly to environmental issues, such
as deforestation, water pollution, and greenhouse gas emissions. Advocacy for the
ethical treatment of animals often aligns with efforts to promote sustainable and
environmentally friendly practices.
Changing Perspective
Advocacy can lead to a shift in societal attitudes toward animals. By promoting
empathy and understanding, it encourages individuals to make more ethical
choices in their daily lives, such as adopting a plant-based diet or choosing cruelty-
free products.
Ecosystem Balance
Recognizing the interconnectedness of all life forms, including animals, is crucial for
maintaining a healthy and balanced ecosystem. Advocating for voiceless animals is
a step towards acknowledging and preserving the delicate balance of nature.
Global Impact
Advocacy for voiceless animals contributes to a global effort to create a more
sustainable and humane world. It aligns with the broader goals of creating a future
where all living beings can coexist in harmony.
JOIN THE REVOLUTION WITH
SAS INDIA
01
REPORT
If you encounter any instances of
animal cruelty in your area, please
report it to Society for Animal Safety,
India at www.sasindia.org.
02
VOLUNTEER
Join the SAS India team and be part
of our mission to extend our services
to various states, helping as many
animals as we can.
03
LEGAL PANEL
Consider joining our legal team as a
counsel or intern, where you can
apply your legal expertise to help
advocate against animal cruelty.